HomeMy WebLinkAbout01/04/1994 Regular Council Meeting MinutesDATE:
January 4, 1994.
PLACE:
Marana Town Hall.
I. CALL TO ORDER
At 7:05 P.M. by Mayor Ora Ham.
I_II. PLEDGE OF ALLEGIANCE
Led by Mayor Ora Ham.
III. INVOCATION/MOMENT OF SILENCE
Led by Mayor Ora Ham.
IV. ROLL CALL
Ora M. Ham
Sharon Price
Tom Clark
Ed Honea
Betty Horrigan
Herb Kai
Helen Key
Mayor
Vice Mayor
Council Member
Council Member
Council Member
Council Member (EXCUSED)
Council Member (EXCUSED)
STAFF:
Hurvie E. Davis
Sandra L. Groseclose
Dan Hochuli
Gerald M. Flarmery
Mick Mathieu
Town Manager
Town Clerk
Town Attorney
Zoning Administrator
Town Engineer
3 members of the public.
V~. APPROVAL OF AGENDA
A motion was made by Sharon Price, seconded by Betty Horrigan and passed 5-0 to approve
the Agenda of'January 4, 1994.
V~I. PETITIONS AND COMMENTS
None.
VII. ANNOUNCEMENTS
None.
VIII. PUBLIC HEARING
A. Marana Animal Control
A motion was made by Betty Horrigan, seconded by Sharon Price and carried 5-0 to enter into
Public Hearing. Time: 7:07 P,M.
Bill Schisler, 12561 N. White Ave., Marana: he said that he generally likes the code, but he
would like to see the code expanded so that any business that raise animals be required to have
business licenses. Also there should be a control over nuisances.
Dan Hochuli noted the revisions to the Code, distributed a booklet of the Code that his office
has produced.
A motion was made by Betty Horrigan, seconded by Tom Clark and carried 5-0 to come out of
Public Hearing. Time: 7:13 P.M.
IX. ORDER OF BUSINESS
A. Transfer Of A Series #7 Liquor License From Person To Person And Location To
Location For Phyllis L. Dominguez. Owner Of Generations.
Phyllis L. Dominguez, owner of Generations restaurant/night club at 6741 N. Thornydale,
Tucson, AZ: Introduced herself.
Ed Honea asked about the two licenses, and Ms. Dominguez explained that because of the
building layout, there is a restaurant area and there is a bar area. Another license in addition to
the one for the restaurant area would be easier.
Mayor Ora Harn asked if the two licenses were the sa~e. Ms. Dominguez said that the first
was a #12 Food and Liquor (40% food, 60% liquor) for a restaurant that serves liquor, and the
second is a #7 Packaged Liquor.
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A motion was made by Ed Honea, seconded by Sharon Price and carried 4-1, Mayor Ora
Harn voting no, to approve the Series #7 liquor license transfer request for Phyllis L.
Dominguez.
B~. Update Of Jones Intercable Future Plans And Introduction Of Kenna J. Smith, General
Ms. Kenna J. Smith, General Manager Jones Intercable, 8251 N. Cortaro: She said that she
is the new General Manager, has been with Jones for six years as a Marketing Manager, and has
been in Tucson for eleven years. She explained a press release of a merger between Jones and
BCE Telecom International (Canada). BCE will obtain 30% of Jones' stock. There will be no
changes to Jones. Jones will have access to telephone services which will in the future lead to a
cable system upgrade. There will be a customer survey.
Ed Honea asked whether Jones will add more channels such as ESPN. Ms. Smith responded
that currently the system is at capacity. For changes to be made, some channels would have to
go to make room for new ones. That is in part what the survey is for- to find out what to drop
and what to add.
Ora Harn mentioned that some Marana citizens dropped Jones service because when Jones
came, certain channels were not carried over, such as CBN (Christian Broadcasting Network).
Ms. Smith said that some channels are preferred more than others, and CBN did not make it.
There are 54 available channels, but Jones is applying for more. The BCE alliance will help,
especially through fiber-optic cables.
Hurvie Davis asked if the survey would go to just Marana or to the entire service area~ and if it
is the entire area, will Marana be separated out. Mr. Davis also wanted to know about the
percentage of customers are of Marana. Ms. Smith said that it is the whole area including
Marana, but not Marana in particular, and there are 51,000 total customers and 878 in Marana.
C. Resolution 94-01 And Ordinance 94.01 Amending Town Of Marana's Animal Control
C_o~e
A motion was made by Sharon Price, seconded by Ed Honea and carried 5-0 to approve
Resolution 94-01 Declaring As A Public Record That Certain Document Filed With The Town
Clerk And Entitled "Animal Control Code'~.
A motion was made by Sharon Price, seconded by Ed Honea and carried 5-0 to approve
Ordinance 94.01 Adopting An Amendment to the Town Code entitled "Animal Control Code"
and declaring an emergency; providing penalties for the violation thereof; providing for repeal of
existing ordinances; and providing severability.
Tom Clark asked the Town Attorney about "providing severability". Dan Hochuli explained
that if in the future some part of the Code was declared invalid, then providing for severability
means that each word of the Ordinance is adopted individually so that not all of the Code is
invalid. He also pointed out that the Ordinance no longer has any emergency provisions, so the
present Motion should be amended at Council's pleasure.
Sharon Price amended her motion to delete the portion referring to the emergency. Ed Honea
concurred to the amendment. The amended motion passed 5-0.
D. Proposed Subdivision Of Parcel 17. Owned By Ranch Holdings, L_.L_.C,, Into 97 Lots,
Located In The Continental Ranch Area
Hurvie Davis gave summary, said that the Plarming Commission has already approved the
proposal. It is for Parcel 17 which is just over 30 acres, 97 lots, minimum lot size of 7054 ft.
sq., average 8000 sq. ft., 3.22 RAC. He recommended that the Council take action to approve
the preliminary plat for Parcel 17.
A motion was made by Ed Honea, seconded by Sharon Price and carried 5-0 to approve the
preliminary plat for Parcel 17.
}}. Town Of Marana Community_ Development Block Grant Program Regulation~
Discussion/Action
Dan Groseclose, CDBG Coordinator, 14200 W. Imogene Pl.: gave summary, said he had a
plan to restrict abuse of the CDBG program in regard to housing improvements. A lien would be
put on the house and the owner required to reside at the house for five years. The improvement
loan would be forgiven and the lien expired. If the house is abandoned or sold before the 5-year
limit, the Town of Marana would have to be paid back.
Mayor Ora Harn asked if the restrictions would apply to someone who moves into a nursing
home. Mr. Groseclose said each circumstance should be individually evaluated. If the contract
with the Town is honored despite early withdrawal, then there should be no problem. He wanted
to ensure that people would not get the improvement money and leave with it.
Tom Clark asked if CDBG funds have been used before to rehabilitate a house, and Mr.
Groseclose said that they did. Mr. Clark asked how a person could apply for funds to rehabilitate
a house. Mr. Groseclose said that a person could contact the Council, or the Food Bank, or the
Chamber of Commerce. Available funding is announced to the public. There is about $70,000
available. The funds are only for low-income people.
A motion was made by Ed Honea, seconded by Sharon Price and carried 5-0 to adopt CDBG
Program Regulations dated January 4, 1994 and repeal CDBG Program Regulations dated
February 2, 1993.
_F_. Update Of All Town Of Marana Community_ Development Block Gr~nt Open Projects
By Dan Groseclose. CDBG Coordinator
CDBG Coordinator Dan Groseclose gave summary of 1990 o 1993 projects.
G__. Discussion Of Town Of Marana Nuisances And Property Maintenance D_raft
Hurvie Davis gave summary.
Dan Hochuli spoke on how the proposed Nuisance Code should be covered by the Zoning
Commission and by the Police. There could be two Ordinances covering different types of
nuisances.
Mayor Ora Ham said that she would like a committee to look into the Town Attorney's
suggestion.
Ed Honea said that the Nuisance Code's development has been done piecemeal, in a
disorganized way. He wants the Code organized even if there are several Nuisance Ordinances
covering different types of nuisances.
Gerald Flannery suggested that all nff~sance actions be conglomerated into a single Code. The
present Ordinances should be evaluated. Dan Hochuli gave his support for efforts to organize all
codes of the Town.
Mayor Ora Ham suggested that input be given to Hurvie Davis instead of furming a committee.
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~H. Mayor's Report
Oral report. She wanted to thank everyone for helping with the Christmas party, and wished
everyone a Happy New Year. Also, she wanted companies to get right-of-ways for bank
protection in order to save the Town money and not lose flood control funds. Mayor Ham
recommended that the Council enlist the support of Pima County Board District 1 Supervisor Ed
Moore for bank protection flood control.
Town Manager's Report
lturvie Davis expressed his support for bank protection action. He reported on Nuisance Code
work, traffic problems in the Thornydale area. Long-term commitments are not possible due to
the lawsuit with the City of Tucson in the Thornydale area. A new building inspector is now on
duty, Traey Thibodeanx. KOLD TV Channel 13 will be relocating to the Business Park, and
Hinckley Schmitt will be in the Park, too.
Mayor Ora Harn was enthusiastic about Marana getting a television station.
X. EXECUTIVE SESSION PURSUANT TO A.R.S. SECTION 38-431.03 (A) (3) AND (4)
A motion was made by Ed Honea, seconded by Tom Clark and carried 5-0 to enter into
Executive Session pursuant to ARS section 38~431.03 (A) (3) and (4). Time: 8:23 P.M.
A~. For Discussion And Consultation With The Town Attorney Regarding The procedures To Be
Used In The Upcoming Appeal Hearing For Former Police Officer Pipes
B_. For Discussion Or Consultation With Attorneys Regarding Marana's Position In Pending
Litigation Regarding Past Due Tax Debt For Lil' Abner's Steakhous¢
Back in session, 9:55 P.M.
XI. FUTURE AGENDA ITEMS
None.
Xll. ADJOURNMENT
A motion was made by Sharon Price, seconded by Ed Honea and passed $-0 to adjourn. Time:
9:56 P.M.
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AUDIO TAPES OF THE MEETING ARE AVAILABLE AT THE MARANA TOWN
CLERK'S OFFICE
CERTIFICATION:
I hereby certify that the foregoing minutes are a tree and correct copy of the minutes of the
Regular Council Meeting of the Marana Town Council held on January 4, 1994. I further certify
that a quorum was present.
./S~ANDRA'-~. GlO,' ~I~)%E, T~OVv~ CLERK
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